Law You Can Use: Guardianships

What is a guardian?

• A guardian is a person appointed by a court to be legally responsible a person or a person’s property, if the court has decided that that person cannot make decisions for himself. A person who has a guardian is called a ward.

Why are guardians appointed?

• Guardians are appointed if a ward cannot make decisions about his health or property because of a legal or medical incapacity. This most times requires a full medical and mental evaluation by a doctor, whose report must be submitted to the court.

Who can serve as a guardian?

• The probate court will most likely choose a blood relative—like a spouse, child, or parent—if one is available. However, the court can appoint anyone that is nominated, unless there is a reason that that person cannot or should not serve. If no one is nominated, and the ward has no family, the court can choose a guardian from a list of court-approved guardians.

What does a guardian do?

• There are two types of guardians: guardians of the person, who make medical decisions for the ward, and guardians of the estate, who make financial decisions for the ward.
• Guardians of the estate may do any of the following tasks:
  • Pay debts of the ward
  • Collect debts owing to the ward
  • Settle accounts or distribute assets on behalf of the ward
  • Deposit incoming funds into the ward’s bank accounts
  • Invest the ward’s funds that are not being used for his health and welfare, and
  • Sell assets for the ward as necessary
• Guardians of the person may do any of the following tasks:
  • Make personal decisions for the ward like where the ward should live
  • Determine what healthcare needs to be provided for the ward
  • Serve as the guardian or the ward’s minor children
• The guardian must always act in the ward’s best interest.

How do I appoint a guardian for someone or choose the guardian I want selected, in case I become incompetent?

• There are documents you can file if you want to make your wishes known about who you would like to serve as your guardian if you become incompetent.
• There is a formal proceeding by which you can appoint a guardian for someone, even if that person does not think he needs a guardian.
• Contact our office today if you would like a lawyer’s help!